Planning appeal decision
38-40 North Road, Birkenhead, CH42 7JF
Planning appeal 3329220 at 38-40 North Road, Birkenhead, CH42 7JF (Wirral Metropolitan Borough Council) was dismissed on 10 April 2024 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: the effect of an additional HMO on the local housing mix and character.
change of use and conversion of a 16 bed Residential Care Home (Use Class C2) to a 15 bed House in Multiple Occupation (HMO) (Use Class Sui generis)
- Authority
- Wirral Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Smith J
- Postcode
- CH42 7JF
Main issues, as the Inspector framed them
- the effect of an additional HMO on the local housing mix and character
What decided it
The adverse impacts on the local housing mix and character of the villa estate, arising from the concentration of HMO activity in a family dwelling area, significantly and demonstrably outweighed the benefits of delivering HMO bed spaces.
the benefits of housing supply and efficient use of previously developed land were significantly and demonstrably outweighed by the adverse impacts on local housing mix and character of the villa estate
What the Inspector cited
- Development plan policies
- Policy 2 of the Devonshire Park Neighbourhood Plan 2014-2030Policy HS4 of the Wirral UDPPolicy HS14 of the Wirral UDPPolicy URN1 of the Wirral UDP
- National Planning Policy Framework
- Paragraph 11
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision


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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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